July 25, 2012 – Minivan News

Civil Court dismisses ruling of own watchdog body against Chief Judge Abdulla Mohamed

The Civil Court today dismissed a decision by its own watchdog body, the Judicial Service Commission (JSC), to take action against Chief Judge of the Criminal Court Abdullah Mohamed for violating the Judge’s Code of Conduct.

An investigation into a complaint of ethical misconduct against Judge Abdulla was completed by a JSC special committee which recommended in the final report to the commission that action be taken against the Judge for violating the Judge’s Code of Conduct – specifically, by making a politically biased statement in an interview with DhiTV.

However, during the period given to Judge Abdulla to respond to the report, he instead obtained a Civil Court injunction against his further investigation by the judicial watchdog.

The JSC appealed the injunction on January 24 of this year, claiming that the Civil Court had disregarded the commission’s constitutional mandate which allowed it to take action against judges, and argued that the court did not have the jurisdiction to overrule a decision of its own watchdog body.

But the appeal was rejected, concluding that the commission had not provided the court “any substantial reason to terminate the injunction and that the High court cannot make a decision on the case while the case is pending at a lower court.

As the final verdict on the case came out today, the Civil Court overruled the the decision stating that Judge Abdulla was not given an opportunity to respond to the allegations during the investigation.

According to the decision, providing a chance to submit any complaints after the investigation is completed cannot be deemed as an opportunity for the Judge to present his defence.

Like all other state institutions the JSC must also be held accountable in front of the law, the court noted, addding that party who believes to have suffered damages due to a decision by the commission have the right to litigate matter to protect his rights.

Furthermore the Civil Court concluded that action cannot be taken against the Abdullah under the Judge’s Code of Conduct, because the said violation predates the regulation.

Charges against the Judge

Apart from the ethical misconduct complaint, the JSC revealed that a total of 11 complaints have been submitted to the commission against Judge Abdulla Mohamed, among which are serious allegations of corruption and abuse of authority.

The first complaints against Abdulla Mohamed were filed in July 2005 by then Attorney General Dr Hassan Saeed – now Dr Waheed’s political advisor – and included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused.

Among the allegations in Dr Saeed’s letter was one that Judge Abdulla had requested an underage victim of sexual abuse reenact her abuse for the court, in the presence of the perpetrator.

In 2009, those documents were sent to the JSC, which was requested to launch an investigation into the outstanding complaints as well as alleged obstruction of “high-profile corruption investigations”.

The JSC decided not to proceed with the investigation on July 30, 2009.

Former President’s member on the JSC and whistleblower Aishath Velezinee for several years contended that Abdulla Mohamed was a central, controlling “father figure” in the lower courts, answerable to former President Maumoon Abdul Gayoom and a key figure responsible for scuttling the independence of the judiciary under the new constitution.

Central figure in Nasheed’s downfall

Abdulla Mohamed was also a central figure in the downfall of former President Mohamed Nasheed, following the military’s detention of the judge after the government accused him of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights violations and corruption cases.

Judge Abdulla’s arrest sparked three weeks of anti-government protests starting in January, while the government appealed for assistance from the Commonwealth and UN to reform the judiciary.

As protests escalated, elements of the police and military mutinied on February 7, alleging Nasheed’s orders to arrest the judge were unlawful. A Commonwealth legal delegation had landed in the capital only days earlier.

Nasheed publicly resigned the same day, but later said he was forced to do so “under duress” in a coup d’état. Nasheed’s Maldivian Democratic Party (MDP) has taken to the streets in recent months calling for an early election.

Judge Abdulla was released on the evening of February 7, and the Criminal Court swiftly issued a warrant for Nasheed’s arrest. Police did not act on the warrant, after international concern quickly mounted.

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Lance Corporal Haleem killed by “MDP loyalist”, government tells foreign media

The government has claimed that murdered policeman Lance Corporal Adam Haleem was stabbed to death by a “Maldivian Democratic Party (MDP) loyalist”, in a text circulated to foreign media outlets.

President’s Office Spokesperson Masood Imad was reported as stating in a story published by AFP that “MDP instigated the attack on policemen at Kaashidoo and one was stabbed to death” during protests.

Police meanwhile held a press conference today during which they claimed that the murdered policeman was attempting to arrest his alleged killer, 22 year-old Mohamed Samah, at the time of his death.

Police stated that Haleem had observed Samah wandering the street despite being under house arrest, and asked him to accompany him to Kaashidhoo police station. Samah had reportedly been released to house detention on Sunday following a two day arrest over an assault case.

According to local media, police stated that Haleem had asked Samah to get ready to go to the station with him, and had waited outside his house. Samah allegedly came out of the property with a knife, which he used to stab Haleem while the officer was on the phone to the police station.

Police further alleged that Samah was intoxicated at the time of the incident, and stated that he had tested positive for cannabis following his arrest.

Speaking to Minivan News, Imad said “I can assure you that he was an MDP loyalist, and an active member of the Donbileih Kaashidhoo campaign. The attack took place moments after calls to engage in violence against police, in an MDP rally.”

MDP Spokespersons Hamid Abdul Ghafoor and Imthiyaz Fahmy were not responding at time of press.

Haleem suffered serious stab wounds in the attack, including a nine-inch deep stab wound to the chest. He was alive but in critical condition when brought to the hospital, but died soon afterwards while undergoing treatment.

The death has been swiftly politicised amid spiraling political tensions in the country.

The government condemned former President Mohamed Nasheed and his Maldivian Democratic Party (MDP) for the murder, claiming that MDP’s ongoing protests against the police in the capital Male’ provoked the attack on Kaashidhoo island.

Home Minister Dr Mohamed Jameel Ahmed tweeted that the “murder of police officer came after continuous attack on police force by MDP, calling [the] entire police force traitors.”

In another tweet, Jameel also said that “evidence available to police [which] exposes MDP top leadership calling for violence against the police force.”

Police subsequently released a recording of a phone call between Nasheed and MDP MP Mariya Didi, in which Nasheed expresses frustration with the police dismantling of the party’s protest site at Usfasgandu: “I think we need to fight back. If we can get people to fight. Find kids from Male to fight the police. That is what I think. I don’t know if we can get people to fight. I want to fight against them,” the former President is heard to say.

The MDP retaliated by publishing a screenshot of the Elections Commission party registry indicating that Samah was a member of the government-aligned Progressive Party of the Maldives (PPM).

The party further alleged that the suspect was a key supporter of Jumhoree Party (JP) MP Abdullah Jabir, who won the Kaashidoo constituency in the recent by-election with official endorsement from PPM.

Jabir has denied the claim and alleged the suspect had actually been working with MDP candidates at local elections, and was mentioned in a police report at the time for attacking a member of the JP’s campaign personnel.

PPM’s Council Member Ahmed Saleem yesterday stated during a press conference that “Party is not important. What’s important is the crime committed by the criminal.”

“We have also heard people say that he is from PPM. But we have not checked if it’s true. The reality is that MDP members have been registered under other parties by mistake,” Saleem claimed.

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Hulhumale’ court has jurisdiction to hear Nasheed case: Deputy Prosecutor General

Deputy Prosecutor General (PG) Hussein Shameem has said that Hulhumale’ Magistrate Court does have the jurisdiction to hear the case of former President Mohamed Nasheed over his role in the detention of a Criminal Court Chief Judge.

Shameem contended that should the court maintain its decision against hearing the case, there were few other judicial alternatives in trying to ensure a “fair trial”.

The comments were made as the PG’s office called on the Hulhumale’-based court to review its decision to send back the case to authorities on the grounds that it did not have the jurisdiction to hear the former president’s trial as written under the Judicature Act.

Nasheed, along with three Maldives National Defence Force (MNDF) officers, face charges over the controversial detention of Criminal Court Chef Judge Abdullah Mohamed – a decision the former president claimed was taken over national security concerns.

Chief Judge abdulla was detained by the military, after he had opened the court outside normal hours to order the immediate release of former Justice Minister and current Home Minister and Deputy Leader of the Dhivehi Quamee Party (DQP), Dr Mohamed Jameel.

The opposition Maldivian Democratic Party (MDP), of which Nasheed is the presidential candidate, has claimed it expects the trial – whether in Hulhumale’ or another court – to go ahead regardless of legality. The party has alleged the case serves solely as a means to convict the former president and potentially prevent him from contesting in the next general election.

However, Shameem claimed today the PG’s office had opted to hold the case against the former president in Hulhumale’ as it believed a fair trial could not be held at the country’s Criminal Court, an institution Judge Abdulla continues to oversee.

“We believe the Hulhumale’-based court does have the jurisdiction to hear this case under provisions outlined in the Judicature Act. We do not believe a fair trial could be held at the Criminal Court in this particular case,” he said.

Alternatives

Shameem claimed that there was a seemingly limited number of alternatives for hearing the case should Hulhumale’ Magistrate Court maintain it does not have the mandate to host such a trial.

“We would not be sending the case [to the Criminal Court],” he said. “So if the Hulhumale’ magistrate feels uncomfortable with the case or maintains it does not have the jurisdiction, we would have to appeal at the High Court about this.”

A statement sent to local media yesterday by the PG’s office claimed that despite Hulhumale’ Magistrate Court’s initial reservations, it could hold the case as the island was under the same judicial constituent as nearby Male’ and Villimale.

The statement also contended that judicial regulations did not prevent a magistrate court from investigating allegations of the “deliberate arrest of an innocent individual”.

Addressing the issue of court jurisdiction, President’s Office Media Secretary Masood Imad said that the government remained committed to not interfering with the country’s judiciary. Masood said he would not therefore comment on the case against the former president, who has alleged his successor Dr Mohamed Waheed Hassan came to power in a “coup d’etat” on February 7.

“We would not want to touch the issue with a ten-foot pole,” Masood added, referring any questions on the case to Attorney General (AG) Azima Shakoor.

AG Shakoor was not responding to calls at time of press.

Former President to justify judge’s detention

Former President Nasheed has previously that he is “prepared” to justify the reasons for the arrest of Judge Abdulla, and said he was ready to appear in court and prove his actions were valid.

MDP MP and Spokesperson Hamid Abdul Ghafoor claimed that that despite the present uncertainty over the exact legal body that would be hearing the trial, he believed authorities would be going ahead with the trial.

“Nobody, can stop them from doing it,” he claimed. “They have no choice to go ahead with such a thing. It is the only way to avoid talk of an early election by arresting Nasheed and trying to dismantle the MDP. The dictatorship is back.”

Ghafoor alleged that the MDP did not presently take the potential trial of the former President Nasheed “seriously”, owing to what he claimed was institutionalised bias and political influence in the country’s judiciary.

“Today for example, a lower court was able to overrule the JSC [the country’s judicial watchdog] to take action against Chief Judge Abdullah over concerns of his conduct,” he said.

Ghafoor claimed that the judiciary’s reputation and conduct reflected a wider societal attitude that the Maldives did “not have a culture of law” for citizens to rely on.

“The courts and judiciary are not up too much here. During the thirty years of dictatorship we had, the media published propganda about these institutions and people thought they were quite capable,” he said. “Yet in the democracy we have had, you have to prove yourselves”

Ghafoor claimed that as the issue of Nasheed’s trial continued to wear on, more members of the public were becoming are “that the trials are a sham”.

In late 2011, Judge Abdulla was himself under investigation by the JSC, the country’s judicial watchdog, for allegedly politically biased comments made to private broadcaster DhiTV. The Judicial Services Commission (JSC) was due to release a report into Judge Abdulla’s alleged ethical misconduct, however the judge approached the Civil Court and successfully filed an injunction against his further investigation by the judicial watchdog.

Judge Abdulla’s arrest sparked international criticism of the Nasheed administration as well three weeks of anti-government protests in January, leading the former government to appeal for international assistance from the Commonwealth and UN to reform the judiciary.

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Maldives protesters hit Ruder Finn offices: PRWeek

A 15-strong group gathered outside the London offices of Ruder Finn on Tuesday to protest about the agency’s work for the Maldives government,” reports Matt Cartmell for PRWeek.

“The protest, which coincided with Maldivian Independence Day, saw placards bearing slogans ‘Islamophobes and dictators’, ‘Ruder Finn: no client too toxic’ and ‘Gold medallists of spin: Ruder Finn’.

The criticism came after Ruder Finn was blasted by British-based pro-democracy group Friends of Maldives for accepting a brief to promote a tourism drive by the Maldives government. This followed claims that president Mohamed Nasheed was removed in a coup d’etat in February.

Agency boss Nick Leonard had not faced protesters himself as he was on holiday.

But he defended the agency’s actions, saying: ‘I believe in freedom of speech and they have the right to voice their opinion.’”

Nazim files complaint against Raajje TV with police, broadcasting commission over leaked texts

Defense Minister Mohamed Nazim has asked the Maldives Police Services and the Maldives Broadcasting Commission (MBC) to investigate opposition-aligned Raajje TV over the station’s reporting of 57 leaked text messages allegedly received to Nazim’s cell phone during the controversial transfer of power on February 7.

In a press statement posted on social media twitter, Nazim said Rajje TV had violated Article 24 of the Constitution which guarantees right to privacy, and contravened the Article 37 of the Broadcasting Act which prohibits use of illegally recorded information and defamation.

The text messages received to Nazim’s phone appear to offer congratulations from security forces, family members, prominent businesses including tourism tycoon Ahmed Nazeer of Crown Company Pvt Ltd, and prominent politicians including Deputy Leader of the Progressive Party of the Maldives (PPM) Umar Naseer.

“Rajje TV’s actions contravene the Constitution and laws of the Maldives, as well as broadcasting ethics. Hence, I have asked the Maldives Broadcasting Commission and Maldives Police Services to investigate the matter,” Nazim said.

However, Raajje TV News Head Asward Ibrahim Waheed said the station was not responsible for the leaked text messages. Opposition Maldivian Democratic Party (MDP) had publicised the text messages at a rally held at its protest camp at Usfasgandu on Sunday night, and Raajje TV had broadcast live coverage of the event, Waheed said.

“Numerous print media outlets have also written articles on these text messages. Therefore, Nazim’s targeting of Raajje TV on this matter again illustrates the Maldivian security forces’ attempt to gag free media,” Waheed said.

The MDP contends former President Mohamed Nasheed was deposed through a coup d’état, orchestrated by remnants of the former dictatorship, funded by resort interests, and carried out by mutinous elements of the police and military.

Nazim, a colonel during former President Maumoon Abdul Gayoom’s administration, was a central figure in Nasheed’s downfall. Video footage on February 7 shows the retired colonel addressing police and military officers gathered in Republican Square, saying he had delivered an ultimatum on their behalf demanding Nasheed’s resignation. New President Dr Mohamed Waheed Hassan appointed Nazim as Defense Minister the next day.

MDP Spokesperson Hamid Abdul Gafoor said the text messages were evidence that the “coup was pre-planned and executed to stakeholders’ satisfaction.”

Although Nazim has asked the police and MBC to investigate Raajje TV, he told local media today that he still could not comment on the authenticity of the text messages.

Controversial text messages

According to the MDP publicized document, Majlis Speaker Abdulla Shahid sent a message to Nazim at 1:42 pm stating “Need to talk urgently.”

Deputy Leader of PPM Umar Naseer at 2:51 pm allegedly says: “Extremely grateful for your service in saving this country and its religion, thank you, Umar Naseer.”

Three phone numbers registered with the Crown Company Pvt. Ltd also offered congratulations to Nazim. Tourism Tycoon Ahmed Nazeer allegedly said at 1:28 pm: “Congratulations. Once a soldier, always a soldier. Keep up the good work, but don’t go overboard. Thanks and regards, Nazeer.”

A Malaysian number which the MDP claims belongs to retired MNDF Lieutenant General Anbaree Abdul Sattar at 4:39 pm said: “Heartfelt congratulations. I pray Allah gives you the patience and wisdom as you proceed to be magnanimous and be mindful of the vow you have made to uphold the constitution and the constitution of the Maldives, Anbaree.” Anbaree had also served as former President and ruler of 30 years Maumoon Abdul Gayoom’s Ambassador to India.

Two text messages also appear to discuss details of then VP’s movements and logistics for a press conference. A number registered with the MNDF at 2:51 pm says: “Sir vp getting ready to move to majlis,” while a man identifying himself as Colonel Adurey at 3:21 pm asks when media briefing should be scheduled.
Several security forces personnel also allegedly sent text messages to Nazim thanking and congratulating him for his role in Nasheed’s resignation.

A text message from retired Deputy Commissioner of Police Abdul Shakoor Abdulla said: “Allah Akbar Allah Akbar Akbar Alh’amdhu Lillah. Congratulations! Abdul Shakoor Abdulla Rtd. Dy Com of Police,” whilst a number registered with Lieutenant Colonel Zakariyya Mansoor reportedly sent a text message saying, “Congratulations, Mansoor.”

Another text message from a man identifying himself as “Riya” from an unlisted number said: “Moosa Jaleel’s 15 year savage reign is now over. I was one of those forced to resign. I am really proud to say I’m done STF with you in same platoon. Congratulations, Riya, five rises.” Moosa Jaleel was Chief of the Defense Forces under Nasheed. He resigned shortly after President Waheed took his oath of office.

Attacks on Raajje TV

The government has stepped up verbal attacks on Raajje TV, following the murder of Lance Corporal Adam Haleem on Monday, claiming the station incites hatred and violence against security forces by broadcasting “baseless allegations” regarding police brutality and the police’s role in the controversial transfer of power on February 7. The police have said it will no longer cooperate with or provide protection to Raajje TV journalists.

Home Minister Mohamed Jameel, Police Commissioner Abdulla Riyaz, and Attorney General Azima Shukoor have said Rajje TV must bear responsibility for the murder Haleem, and have pledged to take legal action against the station.

Raajje TV has previously accused the Maldives security forces of regularly targeting, attacking, threatening and harassing the station’s journalists. In a July 10 statement, Raajje TV said: “Raajje TV journalists have been forced to live in fear as they have increasingly become targets of attacks by the national security forces, particularly the police service. The station also believes that these attacks and harassment has been the source of emotional distress and psychological damage to all Raajje TV employees.”

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Maldives media debate unfolds on Twitter: Committee to Protect Journalists

“It started at 6:34pm on Monday. Abdulla Riyaz (@riyazabdulla), whose Twitter bio describes him as commissioner of the Maldives Police Service (MPS), published the following on his personal account: ‘MPS decides NOT to cooperate to Raajje TV [sic]. A statement will be released today’,” writes Madeline Earp, the Committee to Protect Journalists’ (CPJ’s) Senior Asia Research Associate.

“Raajje TV, for those not following CPJ’s Maldives coverage, is aligned with the political opposition. The station’s journalists cite a pattern of police harassment following what they describe as a military coup in February, which forced Maldivian Democracy Party (MDP) founder Mohamed Nasheed from the presidency.

MDP activists have vowed to hold street protests until Nasheed’s successor, Mohamed Waheed Hassan, calls presidential elections. Hassan’s government says Nasheed resigned, and the MDP’s violent demonstrations make the country too unstable to call a vote this year. They say Raajje TV journalists are on the streets as activists, not as objective observers.

What does it mean for police to deny cooperation to a news outlet? Police spokesman Hassan Haneef told CPJ by telephone he would respond to emailed questions, and we’ll share his comments as soon as we get them. In the meantime, the debate about possible interpretations is playing out online. ”

Maldives and Sri Lanka to cooperate over regional cyber crime concerns

Maldivian and Sri Lankan authorities are looking to establish a collaborative mechanism with which to try and combat cyber crime committed across the South Asia region, according to local media reports.

Haveeru yesterday quoted an unnamed senior Sri Lankan police official as claiming that the country’s law enforcement agencies were looking to work with counterparts in the Maldives to investigate cyber crimes such as online financial scams that have defrauded internet users around the world.

According to the report, several Maldivian nationals working from Sri Lanka are suspected of having involvement in organised cyber crime as part of a larger regional network of criminals.

In attempts to try and combat multinational networks such as these, plans are reportedly under-way to send Sri Lankan police to the Maldives as part of a joint investigation into prominent cyber crime groups.

According to Haveeru, Police Commissioner Abdulla Riyaz has already held several meetings with his Sri Lankan counterparts over the extent of the Maldives’ work in combating hacking, online financial scams and identity theft in the country.

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